Insights and Analysis

Hogan Lovells Standard Essential Patent Update (English, 日本語 & 한국어)

31 October 2018

In this edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, Japan, the United Kingdom, and the United States. This bi-monthly newsletter summarizes the more notable SEP developments from key litigation arenas for owners and prospective licensees.

Spotlight Article

Here we cover the much anticipated judgment in the appeal of Mr. Justice Birss’ landmark fair, reasonable, and non-discriminatory (FRAND) decision in Unwired Planet v. Huawei which was handed down. Read update

Global news

IAM Media released a report investigating the SEP holdings of Ericsson, Huawei, Nokia, Qualcomm, and Samsung, which it names as leaders in the 5G SEP landscape. Read update
Microsoft announced its participation in License on Transfer (LOT) Network. Read update
Avanci announced that Nokia joined its licensing platform. Read update

China

The Chinese government continues to implement various IP and SEP reforms. Read update

Germany

The District Court of Mannheim assessed the deadline to respond to a FRAND offer with a counteroffer and applied its rules on “catching up” with FRAND obligations during infringement proceedings, reinforcing a stricter approach compared to the Düsseldorf courts. Read update
The Higher Regional Court of Düsseldorf applied the established requirements for preliminary injunctions on SEPs and denied an injunction after a belated FRAND offer, despite the defendant’s rejection of a non-disclosure agreement (NDA). Read update

Japan

The Japan Patent Office (JPO) guide for SEP negotiations (the guide) officially issued this summer. Read update

UK

New developments in Conversant Wireless Licensing SARL v. Huawei Technologies Co. Ltd. Read update
In TQ Delta LLC v. ZyXEL Communications UK, the UK Patents Court gave a restrictive interpretation of an order for standard disclosure in a recent FRAND case. Read update

US

The Northern District of California rejected Samsung’s motion for summary judgment, which had alleged antitrust violations based on Huawei’s attempted licensure of its SEPs. Read update
The Eastern District of Texas ordered a new trial as to damages in an SEP case, siding with a major cellular phone manufacturer over SEP holder Core Wireless. Read update
The U.S. International Trade Commission (ITC) issued an initial determination in Investigation No. 337-TA-1065, finding infringement but recommending that an exclusion order not be issued due to public interest considerations. Read update

Authored by Katie Feng, Paul Brown, Hiroto Imai, Joe Raffetto and Benjamin Schroeer